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LAW
FOR COW PROTECTION-
R.
K. Joshi
(Paper
presented before the National Seminar
on the need for Central Law for Cow
Protection, held at Delhi on 19-20
September, 1998)
continued....from
Page 5
If the Court
declares the definition of cows to include the entire cow
progency then even without a Central Legislation the State
Legislations in the entire as country they exist today will be
able to take care of the entire progeny of cows. This issue is
also placed before the Supreme Court in the appeal against the
recent Gujarat High Court's judgement. One major legal
obstacle being faced by panjrapoles involved in cow protection
and mainte- nance is the application of Land Ceiling La Js and
labour Laws. The application of Land Ceiling Laws has been
depriving panjrapoles and gaushalas of their gauchar or
grazing land as the area of gauchar permitted for a gaushala
panjrapole is connected with the number of animals maintained
by such panjrapoles or goashalas. The number is not uniform
throughout the year or from year to year. In years of acute
drought or famine the number swells and in normal periods the
number goes down. Hence the movement of cow protection should
also include the demand for exempting the Goshalas from Land
Ceiling Acts. Similarly, the labour laws like Minimum Wages
Act, Industrial Disputed Act. Provident Fund Act, Employees
Insurance Act, Payment of Gratuity Act etc. are made
applicable to Panjrapoles also. Panjrapoles are non-profit
making organisations and cannot be equated with profit
oriented industry by any stretch of imagination. They survive
on donations from the Society and are managed by selfless
individuals. If by application of labour laws they are made to
undergo the attend- ant harassment as well as demand for high
wages and resultant unrest by workers, it becomes impos- sible
for them to conduct the affairs of Panjrapoles and Goshalas.
Hence legal battle needs to be initiated for exempting
Panjrapoles and Goshalas from application of Labour Laws also.
This will help in better protection of cows and its progeny.
As stated earlier, the issue of cow protection has many
dimensions and even if a Central Legislation is enacted on
this issue, so many other steps will be necessary for
preservation and protection of cows. Grazing land and gauchar
which have been snatched away from our cattle for industrial,
residential or agricultural purpose will have to be restored.
The vocation depending on cattle will have to be revived, the
natural breeding facilities by rearing bulls of original
breeds in large numbers will have to be created, the
cross-breeding also will have to be abandoned, the export of
concentrates will have to be banned, the ghanis at village
level will have to be revived (rejecting the oil-mill concept)
and the cropping pattern based on regional crops (yielding
enough fodder for animals) throughout the country will have to
be restored instead of the present cult of mono-culture of
either wheat or rice. These areas will need manifold more
efforts than those involved in getting a Central Law enacted.
While on one hand we may strive for a Central Law, we must
also commence work on the other areas also and if they are
strengthened within a period of next one or two decades, then
possibly the Central Law will not be necessary at all as our
cattle would have proved their own worth and become eligible
for voluntary preservation and protection by the Society.
Note:
The author is an advocate exclusively attached with Akhil
Bharat Krishi Goseva Sangh and Viniyog Parivar Trust, Mumbai
handling animal related cases up to Supreme Court. He is also a
member of the Maharashtra Animal Welfare Board and a Member of
the Sub-Committee on amendment of Animal Welfare Laws
appointed by the Animal Welfare Board of India.
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